Common use of Minimum Liability Allocation Clause in Contracts

Minimum Liability Allocation. During the term of the Protected Period, the REIT, the Partnership and the Companies agree for the benefit of the Protected Members that each Company will maintain an amount of indebtedness sufficient to allow each Protected Member, after taking advantage of the provisions of this Article III (including, without limitation the guarantee opportunities in Section 3.2), to be allocated liabilities of the Company for purposes of Section 752 of the Code, and to be “at risk” with respect to liabilities of the Company for purposes of Section 465 of the Code, in each case in an amount no less than such Protected Member’s Minimum Liability Amount.